WARWEST TERMS OF USE AND SALE

Last updated on 24th February 2018

  1. What are these Terms of use and sale?

These terms of Use and Sale (Terms) rule the relationship between you (the “User” or “You”) and Full Cycle Games SAS (“the Publisher” or Us” or “We” ) for the use of the mobile game application “Warwest” (“the App”) and are governed by the laws of France and will be interpreted in accordance with the French courts. We may modified them at any time without prior notice. Your continued use of the App confirms your acceptance of the updated Terms and Private Policy .The Terms applicable to You are those in effect on the date of the connection to the App or of the In-app purchase if any. We agree to archive prior versions of the Terms, and to send them to You by mail if you request so. The Terms in all version available are also accessible and can be downloaded from our website warwest.com

  1. Unless the context otherwise requires, the following words have the following meanings
  • “Customer”: the User buying a Product via an in-App purchase
  • “Digital Items”  any virtual items or objects or other entitlements or other digital goods and services for use in the context of the App (such avatars, in game accessories, game bonuses, game level..), and includes any form of virtual currency,.
  • “Loss” : all losses, costs, expenses and damages (including legal costs and disbursements) sustained or incurred, whether directly or indirectly or consequentially or in any other way.
  • “Mobile application”,”’Mobile app” “Game” or ‘App’ : the mobile application Game app “Warwest” and all its screens.
  • “Publisher’ : the legal person responsible for editing and publishing content on the App.
  • ”Products’ : Digital Items that it is possible to buy or to which it is possible to subscribe via in-App purchases.
  • “Store” : The digital distribution platform used by the Publisher to publish the App, and by the User to download the App.
  • “User” : the person using the App.
  • “User Generated Content” : any content generated, created, made or otherwise brought about as a result of using the App, that includes material, data, and information that you upload or transmit through the App, or that other users upload or transmit, including without limitation any chat text.
  1. Publisher legal notice

The App is operated by Full Cycle Games sas represented by its President, Mr Olivier Bosset

Full Cycle Games is a société anonyme par actions simplifiée with a capital of 35000,00 Euros with registered offices under number n°824089601 at the French Registre du Commerce et des Sociétés of Vienne and having its offices at

11 av Bataillon Carmagnole Liberté – 69120 Vaulx-en-Velin (France)

To contact Us : contact@fullcycle.games

  1. Who can be a User ?

To use our App you must: not be located in a country that is subject to an embargo by the government of the United States of America or the Commonwealth of Australia; not be included on any list of prohibited or restricted parties by the government of the United States of America or the Commonwealth of Australia; and comply with the laws that apply to you in the location that you access our App from. You must comply with any laws applicable to you that restrict or prohibit you from using our App.

Subject to the foregoing and registration, all natural person being legally in capacity to consent to these Terms or having the approval of their legal representative can become a User of the App. However, a minor is not authorized to use the App without legal agreement to these Terms of its legal guardian as a precondition for use of Minor .European Union Minor over 16 years old can provide personal consent to these Terms. In-app purchase requiring payment instrument for minor Account should be made by the legal guardian who is sole responsible for the use of its credit and payment instrument.

To access and use the App, You must have a compatible phone or mobile device, access to the Internet with sufficient data usage quotas.

The App can be downloaded for free from the Apple Store and Google Play Store on the following mobile devices:

– Apple® Iphone® mobile phone with iOS operating system running iOS 8 or iOS 9

– mobile phone with operating system Android® OS 4.4 to OS 4.4.

You must ensure that your comply with the terms of service of the relevant digital store where you obtained our App, including but not limited to the Apple iOS App Store or the Google Play Store.

  1. Do You have pay to Use the App ?

The App is offered free of charge to Users excluding subscription fees from the mobile operator, connection costs and access to the Internet, any additional costs charged for data loading, and excluding in-App Products that need to be gained in-game or purchased with payment by virtual or legal currency.

  1. How do you accept these Terms ?

The acquisition of a product or in a broader sense the use of the App implies acceptance by the User of the whole current Terms, the User thus acknowledging to have taken full knowledge and accepted the latter. This acceptance will be considered to have the same value as a handwritten signature from the User. The User recognizes the value of evidence from the Publisher automatic recording systems and, unless able to provide evidence to the contrary, will not contest this evidence in the event of a complaint.

The acceptance of these Terms implies on the part of the User that he or she does have the legal capacity necessary to do so. If the user is a minor or has not the legal capacity to enter into contracts, he or she declares having the consent of a parent or legal guardian.

Upon your acceptance of these Terms, Apple (for iOS Mobile Apps) and Google (for Google Mobile Apps), respectively, will have the right to enforce these Terms against you as a third party beneficiary thereof.

  1. What are you right to Use the App ?  

Subject to your full compliance with the Terms, We grant you a non-exclusive, non-transferrable, non-sublicensable, limited right to use the App for your own personal, non-commercial, entertainment purposes. You agree not to use the App for any other purpose and We retain at any time all right, title and interests in any intellectual property in and to the App

This licence ends on the earlier of your disposal of Use or our termination of the license in accordance with these Terms.

  1. To what extend is the availability and quality of the App guaranteed ?

We can withdraw or modify in whole or in part the App at our sole discretion at any time. Access to the App can be interrupted for maintenance at any time, without prior notice. We waive any responsability in case of difficulties to access the App due to external reasons, force majeure or  disruptions in the telecommunication networks

We may update the software version of the App from time to time to add new features and services.

When We provide update we may require you to accept the Updates to the App and third party software may also need to be updated in order to use the App.. It is Your responsability to update the App and the and third party software when updates are available. We are not liable for any Loss that you may suffer as a result of your failure to update; and we have no obligation to provide You support or services or connection to enable You to Use of the App.Despite our ongoing strive to provide high quality App, We do not guarantee that the App is completely free of defects or faults, or meets the personal demands of the User.

9.    How to create Your Account ?

The registration of the User is done in successive stages:

Download and installation by the user of the application in iOS or Android version;

Step 1  :Transmission of information by the User if he links his Google Play Account or Apple Account to the App

Any incomplete registration will be refused.

The User guarantees that all information given on the registration form is accurate, up-to-date, truthful and not misleading and commits to updating this information in its Personal Area in the event of any changes, so that it always adheres to the above criteria. You agree that the data You provide for your registration and in your Personal area are binding after their validation and serve as proof of Your identity.

Registration automatically results in the creation of an account and generation of a random Username (hereafter referred to as the “Account”). It gives the registered User access to his/her personal area (hereafter referred to as “Personal Area”) which will allow the User to manage the use of the App in one form and according to the technical means which We considers the most appropriate for delivering said App. After registration, the User may change the Username in its Personal Area, such Username being then considered as User Generate Content, the User warrants to have all rights necessary to use this Username.

You must take the necessary measures to safeguard, through Your own means, the information from Your Personal Area which You judge necessary, and of which no copy will be supplied.The Publisher cannot be held responsible if the data contained in the Account were to disappear as a result of a technical failure or force majeure event, this information having no probative value, but only an informative one. The account pages and screens cannot be taken as evidence; they only have informative value and aim to effectively help the user to manage his or her orders or contributions.

The Publisher reserves the exclusive right to delete the Account of any user who may have breached these Terms, including but not limited to the following cases :

  • the user has knowingly provided false information during his or her registration and the creation of an account
  • the user has been inactive on the app for at least a year.

10.    Is a password required ?

User can access his or her account by logging in, using the app with or without his GooglePlay Account / Apple Account

The User is responsible for protecting his username and the password, and is encouraged to use complex passwords. In case of forgotten password, the registered User can ask for a generate a new one. This password is the guarantee of confidentiality of information contained in the User account, and the User will refrain from transmitting or communicating it to third parties. Otherwise, the publisher will not be held liable for unauthorized access to a user account.

The User commits to using the App personally and takes full responsibility of any use allowed to a third party in their place or with their Account, We do assume that the Use of Your Account is authorised. In case the User determines that his/her Account has been accessed without its knowledge he/she shall inform Us being agreed that We will then be free to take all measure that We determine as being appropriate in such case.

  1. What Data do we collect ?

We don’t collect any data of the user. The only personal data used is his Google Account Id or his Apple account id

  1. When is an Account terminated?  

You are free to delete Your account on the App by unlinking your personal id to our Application and removing the App to your device.

Any data previously associated with your Account (including, without limitation, the level or score you have reached in our Services and any Virtual Items associated with your Account) will be lost at the date of the Account deletion. No data recovery is possible after Account deletion.

We reserve the right to suspend, delete Your Account or restrict access to your Personal Area in case of breach or attempt to breach these Terms including but not limited to the following cases:

-You have knowingly provided false information during Your registration and the creation of an account

  • You have been inactive on the App for at least ……

Said deletion cannot be considered harmful to the excluded User. It does not allow You any right for compensation for this the Account deletion ad does not prevent Us from initiating any legal actions or a lawsuit.

Upon termination of your Account, other than for inactivity, You are not authorized to create other Account or access the App by other Accounts.

  1. What are the conditions of your use of Third Party Services

You will need to use Third party services when You install or update the App, including but not limited to Store such as the Apple iOS App Store, Google Play Store, Amazon App Store; and when You Use the App (such as gameplay recording and sharing, social media connectivity and the like) or make payment of in-app Products in legal currency.

You acknowledge that the third party services are subject to respective third party terms and conditions. We actively recommend You to read the latter with utmost attention as they are binding agreement between You and the third party services. We are not liable for activities content, advertising, products and/or Services available on such third party websites and mobile application, nor for the technical availability of websites or mobile applications operated by third parties (including any partners) to which the Users can access through the App. It is reminded that such third party services are governed by their own terms of use. When you provide data to third parties you are providing it in accordance with their privacy policy (if any) and our Privacy Policy does not apply in relation to that data.The third party Services are solely accountable for the service that they provide to You and You should contact the third party Service directly in case of any difficulty. We would not be involved in any potential dispute with third party.

  1. What are the rules applying to User Generated Content ?

User is allowed to chose a Username in their Personal Area. The Username is publicly disclosed in-game and out of game together with such User’s User Generated Content if we elect to publish it in accordance with these Terms.

The App is a multiplayer game that enables communication between Users by text or emoji that will be publicly available to all registered Users. User is offered the option of contributing to the contents accessible through the App by posting comments that can be published out of the game if We choose to do so, in accordance with these Terms.

User is advised that the Publisher, represented if necessary by moderators, can choose to publish User Generate Content such as comments or interaction content, on the App newsletters or on third party websites including social media or video sharing websites, provided that the Publisher includes the pseudonym of the author of the contribution. The author of the contribution therefore waives his or her rights to it, to the benefit of the Publisher and for any kind of distribution, use or purpose, even promotional or commercial, on the Internet medium ; this, of course, provided that author paternity rights are always respected.

You grant irrevocably a free of royalty non-exclusive sub-licensable licence to Publisher on any type of your User Generated Content (including game sequences) to use, publish, and exploit worldwide. User Generated Content is considered non-confidential and non-proprietary. User Generated Content is not compensated in any way.

You are solely responsible of the User content You generate. You guarantee and undertake that You have all rights and authorisation required to share it and make it publicly available, that it is lawful, does not infringe public order, compliant with good morality and does not harm dignity, rights and freedom of others and does nor trigger any liability for the Publisher. Any violation of the foregoing can be sanctioned as provided hereunder by Account deletion, ban and trigger judiciary prosecution.

In particular but not limited to the non exhaustive list below, User are strictly forbidden to share following User Generated Content that are or do incite to other to generate User Content :

  • Impersonating
  • Sexually oriented, pornographic, indecent, unsuitable for a family audience
  • Morally harassing, abusing, threatening, cyberbullying, inciting to self-harm or
  • violent, racist, xenophobic or revisionist
  • directly or indirectly inciting or encouraging others to commit acts of terrorism
  • attempting to the honor or reputation, defamatory, abusive, insulting the others
  • attempting to privacy such as posting another person’s data without his/her consent
  • misleading, promoting unlawful activities, supporting extorsion and/or blackmail
  • lobbying, advertising of product or services or conveying commercial solicitation
  • counterfeiting, infringing trade secret
  • trolling, disrupting
  • supporting cybercriminal activity such intrusion in computer system, fishing, attempting to privacy such as personal data extorsion
  • attempting to the integrity or security of information system or software of others (including but not limited to virus, denial of service)

We do not moderate, validate or control the User Generated Content. We do not hold any responsibility for the User Generated Content posted on the App. We do not have knowledge of the User Generated Content, acting only as hosting provider for such content. In case of any potential dispute arising out of User Generated Content, Your claim shall be first directed to the author of the concerned User Generate Content.

Notwithstanding the foregoing, We may reject, refuse to post, modify or delete any User Content for any or no reason, including, but not limited to, User Content that in our sole opinion violates these Terms or our Privacy Policy. Furthermore, in application of Article 6.1.5 of the 21 June 2004 French Law on Confidence in the digital economy, should We be notified in the form provided by the law of litigious facts about a User Generated Content harming a third party, We will take any appropriate measure to withdraw any litigious User Generate Content.

Action on User Generated Content can be operated by our representatives or by technology that may monitor and/or record the action in the App.

  1. What are the User’s obligations?

You commit to use the App in accordance with the law, the public order, the good morality and these Terms.

In particular, but not limited to, You will not commit or invite other to commit the following acts that are strictly prohibited :

  • Use the App for activities which are illegal, fraudulent or which violate the rights and safety of others
  • Make the App available to public for a commercial use of the App (including game Arcade) or by incorporating it or its content in other content (including commercial sequences, audiovisual artwork)
  • Make automated use of the App
  • Record or publish in-app interaction without Our prior authorisation
  • Impersonate any other person or User in the use of the App
  • Transfer, license, sell or otherwise commercially exploit the Account  
  • Gain Access or try to gain access to the App without authorization
  • Cheat or gain unfair advantage in the game or promote means to do so
  • Copy or adapt the App or any of its content
  • Violate the security and the integrity of the App and the others systems or use the App to do so
  • Decompile or make reverse engineering of the App or attempt to do so
  1. What are our intellectual property rights over information published on the App

Unless otherwise stated, We own and retain the intellectual property rights in and on the App or derivated from the App including but not limited to Warwest trademark, logos, characters design, character name, music effects, graphic design, dialogue, text content, pictures, story lines, gameplay records, or videos code, software, databases, in-app items and products that are protected under intellectual property registration, copyright or the rights of producers of databases..  

Trademarks and artwork appearing within the App are registered. As such, any person proceeding to their representations, reproductions, distribution and reruns incurs to penalties foreseen in the articles L. 713-2 and following of the French Code of the intellectual property.Copying any content, including but not limited to Warwest trademark, App characters, pictures or videos is strictly prohibited and will be considered counterfeiting. Disassembling, decompiling, decrypting, extractions, reuse, copying and more generally any act of reproduction, representation, distribution and use of any of these elements, as a whole or in part, without Our authorization is strictly prohibited and may be subject to prosecution. Any User found guilty of counterfeiting or attempting to Publisher’s right would likely see his or her account deleted without notice or compensation, this deletion not preventing the Publisher or its representative to initiate legal actions or a lawsuit against such User, should the facts warrant it.

This App uses elements (images, photographs, content) whose credits go to: Full Cycle Games SAS.

18What are the Virtual Items and Products

The App includes Digital Items that may be earned through the gameplay or purchased with digital currency ‘Tune” (“Tune” is gained or purchased as a Product to serve as virtual currency in the game) or can be purchased and for their price in legal currency. The Digital Items including the Products are virtual and cannot be purchased to own but are licensed under limited and revocable license to be used in the App only, without stored, exchange or compensation value including at the time of closing the Account (for whatever reason it occurs) where any Digital Items will be definitely lost, being then impossible to associate them with you and impossible to use them outside the App), without any right for compensation or refund,. You are not entitled to bring any claims in respect of, and do not suffer, any Loss as a result of any “loss” of or “damage” to your Virtual Items including Products.

We reserve the right to control, regulate, change or remove any Virtual Items without notice and without any liability to you.

The Virtual Items and the Products offered are those listed in the catalog published on the app, and each Product is listed along with a description provided by the Publisher and its Value in virtual currency. The Price of the Products that can be purchase with legal currency are listed in the catalog and shown in Euros including taxes (TTC), and based on the applicable VAT on the day of the order. Full Cycle Games reserves the right to change prices at any time. However, only the price appearing in the catalog on the day of the order shall be applicable to the buyer.

The app customer service is available by e-mail at the following address: contact@fullcycle.games or through mail at this address 3 Rue des Mélèzes, 38500 Villette d’Anthon in case of which the publisher agrees to provide a response within 7 days. Full Cycle Games also makes available to its users and customers helpline, to discuss their issues.

The Publisher will archive purchase orders and invoices on a reliable and durable medium, as a true copy. Digital records will be considered by both parties as proof of communications, orders, payments and transactions between them.

19.  Payment information

The User can place on order on this app and pay using the credit card which details he or she provided to the Store. All payments are made through secure transactions provided by the Store and the User shall be bound by the Terms and Condition of such third party service provider. The App has no access to any user payments data ; payment is made directly by and to the Store

The purchase of Products offered within the app will not allow the customer to exert his or her right of withdrawal within 14 days of the purchase, as stated in article L.221-28.13 of the French Code de la consummation. The customer acknowledges the orders will be regarded as irreversible, and waive his or her withdrawal right regarding those products, provided his or her express consent to this waiver had been given during the order process.

20.  Security

The User transmits any information is transmitted at his/her own risk as transmission via internet or the mobile network cannot be guaranteed as totally secure. We take reasonable steps to preserve the security of the information received. However it is the User’s responsibility to take the reasonable measure to protect its device from the risk of damage or interference such as viruses and we cannot be held responsible for such damage or interference to your Devices which arise in connection with your use of the App.

21.  What are our responsibility ?

Failure to access the App is not considered harmful to the users, and will not result in any right to any kind of compensation. The unavailability, even extended without any time limit and concerning one or several Products, can not be considered harmful to users and can not result in the award of damages from the Publisher. The hypertext links on the current app may refer to other apps or sites and the responsibility of the publisher of the current app can not be engaged if the content of these sites and apps contravenes the laws. The current app publisher will not be held responsible of any harm caused to the user by his or her visit on those third-party sites or apps. T

The publisher cannot be liable for any technical hinderance of the connection, including but not limited to hinderance due to a force majeure event, a maintenance, an update, an intervention by the hosting company, an internal or external strike, a network outage, a power failure, or a bad setup or operation of the user device

The publisher, especially in the app purchase process, is bound by an obligation of means and cannot be held liable for damages resulting from the use of the app such as data loss, hacking, viruses, failure in service, or other. The publisher can not be held liable for breach of contract due to a force majeure event, including but not limited to disasters caused by floods or fires.

Regarding purchased Products, the Publisher shall not be liable for any consequential damages because of damage or expense that might arise. The choice and purchase of a product are under the sole responsibility of the User. The total or partial inability to use such product due to incompatibility of equipment cannot lead to any compensation, reimbursement or questioning the responsibility of the publisher. In case of non delivery of an order (purchased product is not made available to the customer), the customer has up to six months (starting at the date of the purchase) to come forward. No claim will be accepted beyond this time period. The user expressly agrees to use the app at his or her own risk and under his or her sole responsibility. The app provides the user with indicative information and flaws, errors, omissions, misstatements and other ambivalences may exist. In any event the publisher will no be liable for :- any direct or indirect damage, including but not limited to loss or corruption of data that may result from the use of the App or conversely the inability to use it- any malfunction, impossibility of access, misuse, improper configuration of the user’s device, or for the use by the user of an unusual or obsolete device- the advertisements content and other links or external sources the user may access through the app.

In any event, any liability which may be incurred by Full Cycle Games is expressly limited to proven direct damages suffered by the User.

22.    What are the sanction in case of breach of the Terms by the User ?

The User guarantees the Publisher  against all complaints, claims, actions including damages compensation and legal fees suffered from breach of the Terms by the User.

In the case of a breach of these Terms or in general violations of the laws and regulations in effect by a User, We reserve the right to to take any appropriate action, including suspending or terminating access for the User and co-participant, deleting all User Generated Content of the User, alerting any relevant authority, undertaking legal action.

23.   Severability

If any of these terms and conditions should be declared null and void by a court, such nullity shall not extend to any other clauses, which continue to be in effect. The present Terms describe the entire agreement between the user and the publisher. The parties agree that all correspondence relating to these Terms of Use, shall be in the French language.

24.   Notice

Any notice concerning the Terms or Privacy Policy must be made in writing and delivered by hand, by registered or certified mail or by e-mail, using the addresses mentioned herein stating your full name, contact details and subject of the notice .

25.   Dispute resolution

In the case of a dispute on the validity, interpretation and/or execution of these general conditions, the courts of Paris shall have exclusive jurisdiction to judge, except in the case of contrary mandatory procedural rules.

Any claim or cause of action you may have with respect to your use of this app and that is not considered as falling under consumer protection law or other legal statute of limitation of public order nature,  must be initiated within six (6) civil months after the claim or cause of action arises after this period such claim or cause of action shall be deemed time-barred.

26.   Consumer mediation

As required in the article L.612-1 of the French Code de la consommation, Full Cycle Games sas guarantees that the customer can seek a free-of-charge consumer mediation for the amicable resolution of any dispute with the publisher.